Are you currently under arrest? Are you facing any charges for violent crimes? Our Akron violent crimes lawyers know it is crucial to fully understand the charges and legal rights you have in each case.
The term violent crime can refer to many different criminal offenses. But any violent crime conviction can have severe consequences that can impact your career, reputation, freedom, and even relationships. Do not let a conviction ruin your life.
You need a skilled, aggressive, and experienced attorney if you have been charged with a violent crime. Our Akron criminal defense attorneys at Patituce & Associates can help. We will protect your rights and fight to keep you out of jail or secure the best plea bargain to reduce your sentence.
What Are Some Examples of Violent Crimes in Akron?
The following are some of the charges our Akron violent crimes lawyers defend clients from.
Assault and Battery
According to the Ohio Code, assault can be either:
- An unlawful attempt at injuring someone else, or
- Threatening to inflict enough violence on another person that they fear for their safety.
These threats can come in the form either of verbal threats or actions. Because assault isn’t the same thing as battery, it doesn’t involve touching another person. This is more about creating fear in another person. For example, you could shout at someone about hurting or causing harm. An assault can result in a fine of up to $1,000, jail time for up to three months, or both.
According to the Ohio Code, battery can be one of the following three things.
- The unlawful and/or willful use or threat of violence against another person
- Striking or touching someone else in an illegal, intentional, or actual manner against their will
- Intentionally or unlawfully causing bodily harm to another person
Battery can be punished with a fine up to $1,000 and a 6-month sentence in county jail, or both.
Aggravated Assault and Battery
If any of these occur, assault if any of the following is used:
- A weapon or instrument that is deadly
- Force or other means that are likely to cause serious bodily injury or death
- Any caustic, corrosive, or vitriol
In Ohio, aggravated assault is a felony. You could face fines up to $5,000, imprisonment in state prison for up to five years, or both.
Arson refers to the crime of illegally or willfully causing harm by a fire or explosion. According to Section 2909.01, the Ohio Code, arson can be classified into several different degrees depending on the facts and circumstances involved. Although the degree determines what punishment is possible, first-degree arson may be subject to 25 years in prison and fines up to $100,000.
Obstructing or Resisting Officers
Anybody who willfully chooses to resist, delay, or obstruct a public officer who attempts or actually discharges their duty of office or knowingly gives a peace officer false reports can be punished with fines up to $1,000 and/or jail time for up to one year.
Malicious Property Damage
Although this is not a crime of violence, it does occur frequently in larger cases that involve actual violent crimes. Anybody who intentionally destroys or damages personal or real property, whether it be jointly owned or not, without permission from the joint owner, or property belonging to the spouse, could be guilty of a misdemeanor. This can lead to a one-year sentence in county jail and/or a $1,000 fine.
If any of these apply, malicious property damage could be considered a felony.
- The total damages due to the violation exceeded $1,000
- A series of individual violations that are part of a larger plan or scheme. They are all combined into one count and the total damages for all of them are more than $1,000.
Crimes Against Children
According to the Ohio Code, anyone who willfully causes injury to children or creates circumstances and/or conditions likely to cause serious bodily harm, or even death, is guilty. This could be a felony, or a misdemeanor depending on the facts of the case.
According to the Ohio Code, manslaughter can be defined as an unlawful killing of any person, but it is not committed with malice. Three types of manslaughter fall under the law.
Voluntary manslaughter is the unlawful killing of any person as a result of the heat of passion or a violent quarrel.
Involuntary manslaughter is the unlawful killing of another person due to negligent, careless, or reckless actions by the defendant.
Vehicular manslaughter when the defendant’s operation of an automobile is the cause of the victim’s death. It can be either a misdemeanor or a felony. Vehicular Manslaughter differs from voluntary and involuntary manslaughter.
A defendant accused of attempted strangulation can be charged with willingly trying to choke or strangle a member of their household, or someone they are in a relationship with. This is a felony punishable by up to 15 years in prison.
According to the Ohio Code Section 2903.02, murder is the crime of killing another person intentionally or in the course of a 1st or 2nd-degree felony.
This is the most serious crime that anyone can be charged with in criminal justice. Murder charges are typically either 1st or 2nd degree. The minimum sentence for first-degree murder is a minimum of 10 years imprisonment with the possibility of death. The second-degree murder penalty ranges from 10 years in prison to life sentences, without parole or release.
About Firearm Enhancements
Anybody convicted in Ohio of certain crimes and who used, displayed, or attempted to use or just threatened to use a deadly weapon in the commission of or attempt to commit their crime, is eligible for a sentence extension. These crimes include, but are not limited the following.
- Aggravated assault
- Aggravated battery
- Assault with intent to commit any serious felonies
- Battery with an intention to commit any serious felonies
- Lewd behavior involving minors or children under 16
- Rescue of Prisoners
- Escaping custody when charged with and/or convicted for any misdemeanor
- Escape from custody when charged with and/or convicted of any felony
- Assault with an intention to murder
- The possession, distribution, manufacture, or trafficking of drugs with the intent of delivery
Extended imprisonments are authorized, which increases the maximum sentence by 15 years.
Many firearm-related offenses can be committed, but not all of them are considered violent crimes. Many of these offenses are still linked to acts of violence. Individuals need to be able to distinguish between federal and state firearm rights.
In terms of firearms, federal law has always been in control. Federal laws and legislation can prevent you from possessing firearms even if you have the right to use and possess firearms in your state.
Felons Possessing Firearms: State Charges
A person sentenced to custody by the Ohio State Board of Correction automatically forfeits their firearm rights. In general, people convicted of misdemeanors (excluding domestic violence) regain their firearm rights after serving their sentence. Anybody convicted of a felony may not own a firearm.
Some of the weapon-related offenses that can lead to federal charges include:
- Stealing a gun or receiving a stolen firearm
- Transporting or receiving guns across state lines if you are not a licensed dealer, manufacturer, or importer
- Possessing a gun in a school zone without authorization
Other Firearm-Related Infractions
Other common firearm-related charges include:
- Exhibiting a Deadly Weapon
- Unlawfully Discharging a Firearm
- Concealed Weapon Carrying without a Valid License
- Carrying any concealed weapon while under the influence of drugs/alcohol
Call Our Experienced Akron Violent Crimes Lawyers for the Best Defense!
A conviction for a violent crime can have severe consequences that will impact your reputation in the community, your personal relationships, and your freedom. In addition to the punishment handed down by courts, convictions can have a significant impact on your future employment prospects. Employers often skip applications from people with violent records because convictions are kept on background checks.
As long as you live, don’t let a conviction of a violent crime haunt your life. Many people who were once accused are now productive citizens and contributing members of our society. Some people made mistakes and others were wrongly accused. The criminal defense lawyers at Patituce & Associates are here to help you protect your freedom, reputation, future, and dignity.
It is important to understand the charges against you and your legal rights if you were recently charged with a violent crime. Ohio’s criminal laws are often complex and serious. Do not attempt to tackle the entire criminal justice system on your own.